Essay On Check And Balance

Essay On Check And Balance-79
It may even be necessary to guard against dangerous encroachments by still further precautions.As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified.

It may even be necessary to guard against dangerous encroachments by still further precautions.

But what is government itself, but the greatest of all reflections on human nature?

If men were angels, no government would be necessary.

The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.

Without presuming to undertake a full development of this important idea, I will hazard a few general observations, which may perhaps place it in a clearer light, and enable us to form a more correct judgment of the principles and structure of the government planned by the convention.

If angels were to govern men, neither external nor internal controls on government would be necessary."Essentially Madison was referring to a commonly know term in today's society, "checks and balances".

Checks and Balances refer to the fact that each branch of government has many ways to check on the power of other branches.A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” Madison also discusses the way republican government can serve as a check on the power of factions, and the tyranny of the majority. all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority.” All of the Constitution’s checks and balances, Madison concludes, serve to preserve liberty by ensuring justice.Madison explained, “Justice is the end of government.Perhaps such a plan of constructing the several departments would be less difficult in practice than it may in contemplation appear.Some difficulties, however, and some additional expense would attend the execution of it.Each branch of government is framed so that its power checks the power of the other two branches; additionally, each branch of government is dependent on the people, who are the source of legitimate authority.“It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government.In republican government, the legislative authority necessarily predominates.The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.It is equally evident, that the members of each department should be as little dependent as possible on those of the others, for the emoluments annexed to their offices.Were the executive magistrate, or the judges, not independent of the legislature in this particular, their independence in every other would be merely nominal.

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